1. Applicant's Name: a. Application Date: 28 October 2019 b. Date Received: 4 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the incident that led to his discharge occurred after returning from Afghanistan. It was an isolated incident and the first time, he had ever been in violation of a civilian law during his over 13 years of military service. He was unaware that he was suffering from the symptoms of PTSD. The threatening behavioral responses associated with PTSD occurred when he experienced flashbacks as he was touched and abruptly approached by police officers. Despite being awakened and abruptly touched without his permission from a sleeping state, his behavior never resulted in any form of physical aggression towards others. Instead, he was verbally aggressive. He was never provided the opportunity to explain the circumstances surrounding the accusations he was charged with. His discharge was unjust considering the undiagnosed behavioral health issues he was experiencing and the manner in which the Police Department handled the situation. He engaged in behavioral health services following the event while on active duty. He was later diagnosed with PTSD. He served over 13 years and made the ultimate sacrifice of defending his country. The events surrounding his discharge do not equal to, or reflect the time and sacrifice he provided in service to his country. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Major Depressive Disorder (MDD) and Alcohol Use Disorder. The applicant is 50% service-connected from the VA. The VA has also diagnosed the applicant with PTSD. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 2 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 12 July 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 May 2019 (2) Basis for Separation: The applicant was informed of the following reasons: On 2 December 2018, the applicant was in a verbal altercation with his fiancé Ms. A.R. that turned physical when he threw her down the stairs multiple times and pushed her, causing her to bleed from her nose. During the altercation, the applicant damaged multiple items of non-military property, resulting in damage of an amount less than $500. The applicant was apprehended by the Columbus Police Department for battery (family violence) against Ms. A.R. and for criminal damage to property with a value of approximately $1,000. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 May 2019, and 14 June 2019 (5) Administrative Separation Board: 14 June 2019, Waived, contingent upon receiving no less than a general (under honorable conditions) characterization of service. (6) Separation Decision Date / Characterization: 21 June 2019 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 April 2016 / 4 years, 7 months (extended 19 months on 31 May 2017) (Note any extension/reenlistments prior to 7 April 2016 NIF) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-6 / 89B20, Ammunition Specialist / 13 years, 9 months, 29 days d. Prior Service / Characterizations: RA (14 September 2005 to 6 April 2016) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (23 February 2007 to 23 May 2008), Iraq (1 August 2011 to 31 December 2011), Kuwait (14 April 2012 to 3 January 2013), Afghanistan (9 March 2018 to 18 November 2018) f. Awards and Decorations: ARCOM-2; AAM-3; AGCM-3; NDSM; ACM-2CS; ICM-CS; GWOTSM; NCOPDR; ASR; OSR-2; NATO MDL-2; CAB; MUC g. Performance Ratings: Three NCOERs rendered during period of service under current review: 10 August 2015 thru 8 August 2016, Met Standard 9 August 2016 thru 8 August 2017, Exceeded Standard 9 August 2017 thru 10 October 2018, Exceeded Standard h. Disciplinary Action(s) / Evidentiary Record: MP Report, dated 17 December 2017, with civilian police report, which indicate the applicant was the subject of an investigation for civil arrest, battery (family violence), and criminal damage to property. Counseling statements for being processed for an involuntary separation due to being arrested for battery (family violence) and criminal damage to property; reviewing the findings and recommendation of family advocacy case review committee; being released from confinement; being placed on a compromised and detailed orders; being notified of restrictions; and being ordered to follow directives and guidelines. General Officer Memorandum of Reprimand, dated 13 March 2019, indicates the applicant was reprimanded for being arrested for battery and criminal destruction of property. FG Article 15, dated 18 April 2019, for acting aggressive and disrespectful towards a civilian police officer on 2 December 2019. The punishment consisted of a reduction to E-5, forfeiture of $1,698 pay (suspended), 45 days of extra duty (suspended), and an oral reprimand. Report of Mental Status Evaluation, dated 28 February 2019, providing no diagnosis, indicated the applicant was not cleared for chapter proceedings UP AR 635-200. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Medical Record, dated 23 August 2019, reflects diagnoses of "(F43.12) Post Traumatic Stress Disorders and (F32.9) Major Depressive disorder, single episode." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 28 October 2019, and Medical Record, dated 23 August 2019. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The service record also indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues that involved suffering from the symptoms of an undiagnosed PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends the discharge was unjust because he was never provided the opportunity to explain the circumstances surrounding the accusations he was charged with, and considering the undiagnosed behavioral health issues he was experiencing and the manner in which the Police Department handled the situation. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. The applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190014641 6